FITNESS TERMS AND CONDITIONS
1. THE WEBSITE
1.1. Wizard Home Services Pte. Ltd. (“Wizard”) operates and manages an online booking platform at www.wizard.com.sg (the “Website”) and a telephone hotline (the “Hotline”) through which a customer can book an appointment by submitting a Booking Request. Once a Booking Request has been submitted, Wizard then matches the most suitable Service Provider from its database (the “Database”). Once Booked Service has been completed, Wizard issues an invoice on behalf of the Service Provider to the customer and engages the Payment Agent to collect payment of the Booked Service Fee from the customer. Once collected, the Payment Agent disburses the Booked Service Fee to the Service Provider in accordance to the Independent Contractor Agreement.
1.2. Wizard operates the Website and the Hotline as an independent third party facilitator for the Services and provides you with the platform to purchase the Services.
1.3. Wizard is not an agent or broker for you or the Service Provider(s). You enter into any transaction with the Service Provider(s) entirely at your own risk.
1.4. The Service Providers are independent vendors, and are not employed by nor an agent of Wizard.
1.5. Wizard uses its best efforts to monitor the Services offered by the Service Providers. However, as the Service Providers act as independent contractors, Wizard does not make any representations relating to the safety, quality, condition, or description of the Services provided by the Service Providers. Any issues regarding safety, quality, condition or description of the Services should be notified to Wizard, who will then pass the issue onto the Service Provider designated to your Booking Request.
1.6. All bookings are subject to the Service Providers’ availability.
The 90-day warranty is not applicable for Fitness services.
3. SCOPE OF SERVICE
3.1. Service will be provided as per the Booking Request or agreed between you and the Service Provider.
3.2. Without prejudice to the foregoing, the Service Provider shall at all times has sole and absolute discretion over the manner in which the service shall be carried out, notwithstanding any instruction or direction which the Customer may, at any time, have given.
4. SERVICE TIME & LOCATION
4.1. The Services shall be performed within the Service Time, which shall be 9:00am to 6pm, Monday to Saturday, Public Holiday excluded or as agreed between you and Wizard or the Service Provider.
4.2. The Service location is applicable on a SINGLE RESIDENTIAL ADDRESS on Singapore MAIN ISLAND only.
4.3. Additional surcharges may apply for Services:
(a) outside Service Time, and
(b) located within CBD and/or Sentosa.
5. PAYMENT, CHARGES AND FEE, ETC
5.1. In the case of Services for which additional charges is payable by the customer for replacement of parts or supply of Goods, title of the parts or Goods shall pass to the Customer only upon full payment of the additional charge.
5.2. The Customer must make immediate payment upon receipt of the invoice. For commercial Customer who has prior approved credit account with the Service Provider via Wizard, payment must be settle for within 30 calendar days from the date of the invoice unless otherwise agreed in writing. Time is of the essence in respect of the Customer’s obligation to make payment for the Goods or Services supplied by the Service Provider.
5.3. If Customer fail to make full payment on the due date, then without prejudice to any other right or remedy available to the Service Provider, the Service Provider shall be entitled to:
(a) terminate the Maintenance or suspend any further Services or other obligations to the Customer (without being liable to Customer for any losses so caused);
(b) at its sole discretion, apply any monies received from Customer in relation to the Maintenance or any other contract or agreement between the Customer and the Service Provider, including but not limited to deposits or advance payments, towards the payment of the relevant invoice.
(c) enter (at any time) any premise in which the Goods are stored, to enable the Service Provider to reclaim possession of the Goods without liability for the tort of trespass, negligence or payment of any compensation to the Customer.
5.4. The Customer shall not entitle to withhold from, set off against or otherwise reduce any payment due to Wizard and/or the Service Provider unless agreed in writing by Wizard and/or the Service Provider.
5.5. If any part of an invoice is in dispute, the balance will remain payable and must be paid when due. The Customer has no right to set-off any claim against Wizard and/or the Service Provider from monies owing to Wizard and/or the Service Provider.
6. LIMITATION OF LIABILITY
6.1. Wizard, Wizard platform and their respective partners, employees and officers are not liable for any injury, damage or loss of revenue, loss of contract, loss of goodwill or increased cost of working, nor shall Wizard, Wizard platform and their respective partners, employees and officers be under liability whether in contract, tort or otherwise for any injury, damage, or loss whether consequential, special, indirect or otherwise arising out of or in connection with the supply of Goods or Services, even if due to the negligence of Wizard, Wizard platform and their respective partners, employees and officers.
6.2. You hereby agree to defend, fully indemnify on demand and hold harmless Wizard and/or Wizard platform from and against all liabilities, claims, expenses, damages and losses including legal fees (on an indemnity basis) Wizard and/or Wizard platform may suffer arising from any breach of these terms and conditions by you, or in connection with any act, omission, default, negligence or conduct of you, or in connection with any other liabilities arising out of your participation of the massage services arranged through Wizard and/or Wizard platform under this Agreement. This obligation to indemnify Wizard and/or Wizard platform shall survive the termination of this Agreement.
7. GENERAL CONTRACT PROVISIONS
7.1. Currency. All amounts payable pursuant to this Agreement are expressed in and shall be paid in Singapore dollars.
7.2. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Republic of Singapore and the parties agree to submit to the non-exclusive jurisdiction of the courts of the Republic of Singapore.
7.3. Contracts (Right of Third Parties) Act. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act, Chapter 53B of Singapore, to enforce any term of this Agreement.
7.4. The above Terms and Conditions are subject to change without prior or express notice.